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Terms of Service — Trial Commander

Effective Date: September 1, 2026 Last Updated: October 9, 2026

Changes taking effect on 30 October 2026. On 30 October 2026, the wording quoted below replaces the text of this agreement that it names. Until then, the current text below stays in force. Notice of these changes was emailed to the administrators of every customer firm; to object to any of them, or to ask about them, write to privacy@trialcommander.com before 30 October 2026.

§ 8.2 becomes: “8.2 After Cancellation. We retain Customer Data for at least 30 days after cancellation, during which you can reactivate your account or export your data, including your uploaded documents. We then delete Customer Data from production systems, never sooner than 30 days after cancellation and never sooner than 7 days after we have emailed an administrator of your firm that the deletion is coming; deletion can be later, for example while a matter is under a litigation hold.”

In § 8.3, the last sentence becomes: “When a firm's Customer Data is deleted after cancellation, that firm's daily and on-demand backups are deleted with it, except one encrypted export made immediately before the deletion, which is kept so that it can be provided to the firm and is deleted once more than 30 days have passed since the firm's data was deleted, by the same weekly sweep (up to about 37 days).”

1. Acceptance of Terms

By accessing or using Trial Commander ("Service"), operated by iHOST LABS, LLC or its successor entity ("Company," "we," "us"), you ("Customer," "Firm," "you") agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service.

If you are using the Service on behalf of a law firm or other organization, you represent that you have authority to bind that organization to these Terms, and "you" includes that organization.

2. Description of Service

Trial Commander is a software-as-a-service platform for:

  • Trial preparation and case management
  • Time tracking with ABA task/activity codes
  • Fee agreement generation and execution
  • Invoice generation and billing
  • Florida IOTA trust account management
  • Monthly reconciliation per Rule 5-1.1(e)
  • AI-assisted drafting (fee petitions, closing statements, etc.)
  • Client portal for attorney-client communication

The Service is intended for licensed attorneys and law firm staff. Use by non-attorneys is permitted only to the extent they are acting under attorney supervision.

3. Account Registration and Security

3.1 Accurate Information. You must provide accurate and current information during registration, including valid Florida Bar number for any attorney user.

3.2 Account Security. You are responsible for maintaining the security of your account credentials. You must:

  • Not share credentials with persons outside your firm
  • Enable multi-factor authentication (MFA) when required for your tier
  • Notify us immediately at security@trialcommander.com if you suspect unauthorized access

3.3 Authorized Users. Only employees, contractors, or authorized agents of your firm may access the Service. Client users accessing the client portal are subject to separate client portal terms.

4. Acceptable Use

You agree NOT to:

  • Use the Service for anything other than legitimate legal practice
  • Upload malicious code, attempt unauthorized access, or interfere with the Service
  • Use the Service to practice law without proper licensure
  • Resell or sublicense the Service without our prior written consent
  • Use the Service to circumvent Florida Bar rules, including trust accounting requirements under Rules 5-1.1 and 5-1.2
  • Use AI features to generate documents you will submit to a court without reviewing them for accuracy and compliance with court rules

See also our Acceptable Use Policy for complete terms.

5. Your Data and Confidentiality

5.1 Your Data. "Customer Data" means all data, including but not limited to client information, matter details, time entries, trust records, and documents that you or your users upload or enter into the Service. You retain all right, title, and interest in Customer Data.

5.2 Our License. You grant us a limited license to process Customer Data solely to provide the Service, including for storage, backup, display to authorized users, and the AI features you enable.

5.3 Confidentiality. We treat Customer Data as confidential. We employ industry-standard security practices including encryption in transit and at rest, role-based access control, tamper-evident audit logging, and field-level encryption of privileged data. See our Privacy Policy and Data Processing Agreement for full detail.

5.4 Attorney-Client Privilege. You acknowledge that:

  • You are responsible for maintaining attorney-client privilege with your clients
  • The AI features send data to Anthropic's Claude API, which Anthropic contractually commits not to train on, and which it retains only as described in our AI Disclosure and Privacy Policy — currently a limited operational period of approximately 30 days
  • Our employees do not access Customer Data except as necessary for support with your authorization, for investigating abuse, or as required by law
  • All such access is logged to the tamper-evident audit trail

6. AI Features Disclosure

6.1 Scope. The Service includes AI-powered features that send your data to Anthropic's Claude API to generate outputs including but not limited to fee petitions, closing statements, legal research summaries, discovery responses, and case analysis.

6.2 Your Responsibility. You are solely responsible for:

  • Reviewing all AI-generated output before filing, sending, or relying on it
  • Verifying citations, quotations, and legal conclusions
  • Ensuring AI use complies with your ethical obligations under Rule 4-1.1 (competence) and Rule 4-5.3 (supervision)
  • Obtaining any required client consent for AI processing of their matter

6.3 No Legal Advice. AI output is not legal advice. The Service does not create an attorney-client relationship between you and us.

See AI Disclosure for additional detail.

7. Subscription, Fees, and Payment

7.1 Plans. Current subscription tiers are listed at https://www.trialcommander.com/pricing. We may change pricing on 30 days' notice.

7.2 Billing. Subscriptions are billed monthly or annually in advance through Stripe. Payment is due on the billing anchor date. If payment fails, we will retry per Stripe's retry schedule and notify you. After 7 days past-due, we may suspend the Service.

7.3 Trial Period. New firms receive a 30-day free trial. No credit card required to start. Trial converts to paid subscription at the end of the trial unless canceled.

7.4 Refunds. Subscription fees are non-refundable for partial billing periods. If you cancel, your subscription remains active through the end of the period you have already paid for, and it does not renew. We may issue refunds at our discretion in individual cases.

7.5 Taxes. Prices do not include taxes. You are responsible for any applicable taxes.

8. Data Retention and Deletion

8.1 Active Use. We retain Customer Data for as long as your subscription is active.

8.2 After Cancellation. We retain Customer Data for 30 days after cancellation, during which you can reactivate your account or export your data. After 30 days, we delete Customer Data from production systems.

8.3 Backup Retention. Customer Data is held in two kinds of backup. (a) Our database host, Microsoft Azure, keeps point-in-time restore backups of the entire production database for 35 days. They are stored in a single Azure region and are not copied to a second region. Data deleted from production systems can remain in these backups for up to 35 days. (b) The Service also writes one encrypted copy of each firm's database records per day to separate object storage (Cloudflare R2). A daily copy is deleted once it is more than 30 days old by a sweep that runs weekly, so a daily copy can remain for up to about 37 days. Uploaded files are not part of these daily copies. Backups that a firm administrator creates on demand are not deleted automatically. When a firm's Customer Data is deleted after cancellation, that firm's daily and on-demand backups are deleted with it, except one encrypted export made immediately before the deletion, which is kept so that it can be provided to the firm and is not deleted automatically.

8.4 Compliance Retention. Notwithstanding the above, if you cancel before the end of the Florida Bar's 6-year trust record retention period (Rule 5-1.2(b)), we strongly recommend you export your trust records before cancellation. We offer a Bar audit package export at no additional charge.

8.5 Audit Log. Audit log events are kept for as long as your account exists; nothing deletes them automatically. They are deleted together with your other Customer Data under § 8.2. Each event records who acted, what action was taken and on which record, and when. Some events also record the IP address and browser (user agent) of the request, and some record selected values of the record before and after the change, such as a client's name, an email subject line or a file name, so audit log events can contain Customer Data. Sign-ins, sign-outs, revoked sessions, second-factor and password changes, and account lockouts and unlocks are recorded as audit events, with the IP address and browser reported by our authentication provider.

9. Data Security Incidents

9.1 Definition. A "Security Incident" means unauthorized access, use, or disclosure of Customer Data, or destruction or loss of Customer Data.

9.2 Notification. We will notify you within 72 hours of confirming a Security Incident that affects your data, with information about its scope, the data affected, and our response. Where required by law (e.g., Florida Statutes § 501.171), we will assist you in your own breach-notification obligations.

9.3 Investigation. We will cooperate with your reasonable investigation requests and provide audit logs to assist you in determining the scope of any compromise.

10. Service Levels and Availability

10.1 Availability. We target 99.5% monthly uptime, excluding scheduled maintenance. Current status is available at https://app.trialcommander.com/status, which shows the result of live checks of the application, the database and document storage at the moment the page is loaded. The page is served by the Service itself, so it cannot be reached when the Service is unreachable.

10.2 Scheduled Maintenance. We announce scheduled maintenance at least 48 hours in advance via email and status page, typically during low-use windows.

10.3 No SLA in Standard Tiers. No tier purchasable through the Service includes a contractual SLA. This covers both tier families: the per-firm tiers (Solo, Small Firm, Complete) and the per-seat tiers (Bronze, Silver, Gold, Platinum). An Enterprise arrangement, if one is ever entered into, is negotiated individually and is not offered through checkout; any service-level commitment would be stated in that signed agreement and in no other document. No SLA is in force today, on any tier.

11. Warranties and Disclaimers

11.1 Limited Warranty. We warrant that the Service will perform materially as described in our documentation. If it does not, your sole remedy is to report the issue to support@trialcommander.com; we will use commercially reasonable efforts to fix it, and if we cannot, you may cancel for a pro-rated refund of the unused subscription.

11.2 DISCLAIMER. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.3 AI Output Disclaimer. WE MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR LEGAL SUFFICIENCY OF AI-GENERATED OUTPUT. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING AI OUTPUT BEFORE USING IT.

12. Limitation of Liability

12.1 CAP. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12.2 EXCLUSIONS. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

12.3 LEGAL MALPRACTICE. YOU ACKNOWLEDGE THAT WE ARE A SOFTWARE SERVICE AND DO NOT PROVIDE LEGAL ADVICE. WE ARE NOT LIABLE FOR ANY LEGAL MALPRACTICE, BAR COMPLAINT, OR CLIENT CLAIM ARISING FROM YOUR USE OF THE SERVICE, INCLUDING AI-GENERATED OUTPUT, WHICH REMAIN YOUR PROFESSIONAL RESPONSIBILITY.

13. Indemnification

13.1 By You. You will defend, indemnify, and hold us harmless from any third-party claim arising out of (a) your violation of these Terms, (b) your use of the Service, including legal work performed using the Service, (c) infringement by Customer Data of any third-party right, or (d) client claims against you for legal malpractice.

13.2 By Us. We will defend you against any claim that your authorized use of the Service infringes a third party's U.S. intellectual property right, and pay any damages awarded against you, provided you notify us promptly and give us control of the defense.

14. Term and Termination

14.1 Term. These Terms apply for as long as you use the Service.

14.2 Termination by You. You may cancel your subscription at any time via the billing portal. Cancellation takes effect at the end of the current billing period.

14.3 Termination by Us. We may suspend or terminate your account:

  • For material breach of these Terms (with 30 days' notice and opportunity to cure, except for security or abuse issues)
  • For non-payment after 30 days past-due
  • Immediately for activity that poses security, legal, or regulatory risk
  • If we permanently discontinue the Service (with 60 days' notice)

14.4 Effect of Termination. Sections 5, 8, 9, 11, 12, 13, and 15 survive termination.

15. General

15.1 Governing Law. These Terms are governed by Florida law, without regard to conflict-of-laws principles. Venue for any dispute is Miami-Dade County, Florida.

15.2 Dispute Resolution. The parties will first attempt in good faith to resolve any dispute informally by contacting each other. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in the venue identified in Section 15.1, and each party consents to that jurisdiction.

15.3 Assignment. You may not assign these Terms. We may assign these Terms to any successor entity.

15.4 Entire Agreement. These Terms, along with the Privacy Policy, DPA, Acceptable Use Policy, and AI Disclosure, constitute the entire agreement.

15.5 Changes. We may update these Terms on 30 days' notice for material changes. Continued use after notice constitutes acceptance.

15.6 Contact. Legal: legal@trialcommander.com · Support: support@trialcommander.com · Security: security@trialcommander.com